WHATSAPP MESSAGES – ADMISSIBILITY AS EVIDENCE IN THE COURT OF LAW

Is record of WhatsApp conversations admissible in court?
Yes.

WhatsApp messages are direct evidence.
As long as the WhatsApp messages are relevant, they are admissible to prove the existence of facts.
WhatsApp messages are relevant to support the existence of any oral conversation or evidence between the individuals.

Can I use my WhatsApp messages with third party as evidence when the third party could no longer be located and cannot be called as witness?
Yes.

Your WhatsApp messages with the third party is admissible under section 73A(2) Evidence Act 1950 (“EA 1950”) because the third party cannot be located without undue delay or expense.
However, you have to show that the third party is impossible to be found. The court has the discretion to admit the evidence according to the individual facts of the case.
We are of the view that WhatsApp conversation in its original form is unlikely to be tempered and is reliable.

Our views:

You can be sued for anything said in WhatsApp as they are written records of your conversation.
You have to be discreet with posting of messages or pictures in a group chat. Avoid posting defamatory statements or pictures.
You should always confirm the authenticity and accuracy of the original messages before forwarding the same to other individuals or group chat.
Anything you post or said in your WhatsApp chats can be used against you in court of law.

Sorotan Terkini

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

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In the realm of Malaysian property transactions, the intricacies of Sale and Purchase Agreements (SPAs) and the enforcement of Liquidated Ascertained Damages (LAD) play pivotal roles in safeguarding the interests of both developers and purchasers. This article delves into the legal framework governing the rights and obligations of parties involved in property transactions, particularly focusing on the consequences of contractual breaches and the conditions under which a purchaser can exercise the right to offset against LAD. Through the examination of relevant case law and statutory provisions, we illuminate the legal pathways available for resolving disputes arising from the failure to adhere to the terms of SPAs, thereby offering insights into the equitable administration of justice in the context of Malaysian property law.

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WINDING-UP – OFFICIAL RECEIVER AND LIQUIDATOR (“ORL”)

In cases of compulsory winding up, the court would appoint a liquidator under s.478 of the Companies Act 2016 (“CA 2016”) to expeditiously recover and realise the assets of the wound-up company for the distribution of dividends to creditors and administer any outstanding matters involving………..

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JUDICIAL REVIEW – PROCEDURAL FAIRNESS AND LOCUS STANDI

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CONTRACT LAW – CONTRACTUAL INTERPRETATION REMEDIES UNVEILED: DECIPHERING CONTRACTUAL CLAUSES AND LEGAL BALANCE

This legal updates explore the principles governing the interpretation of agreements, emphasizing the importance of clarity and unambiguity in contractual terms. It delves into a key issue involving restrictions on remedies for breach of contract, shedding light on the court’s commitment to upholding plain meanings. The illustrative scenario involving shareholders X and Y dissects a pertinent clause, showcasing the delicate balance between restricting remedies and ensuring fairness in legal proceedings.

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MANNER TO DELIVER VACANT POSSESSION

Incomplete Utilities in Delivered Property Compensation

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Hebahan Terkini

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

26 Mac ,2024

PROPERTY LAW – LEGAL IMPLICATIONS OF SALE AND PURCHASE AGREEMENT BREACHES AND THE RIGHT TO OFFSET IN MALAYSIAN PROPERTY TRANSACTIONS

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Lain-lain

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